by Benjamin Marks, Economics.org.au editor-in-chief
The Australia Constitution (Part V) reads, “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to …” almost everything, so long as the laws are “for the peace, order, and good government of the Commonwealth.”
Government in Australia is unconstitutional, as it goes against “the peace, order, and good government of the Commonwealth.”
Peace
Peace does not describe the use or threat of unprovoked force in which the payment of tax is demanded, and government is based on tax.
Order
Because taxation is not consensual, it disadvantages the person being taxed, since they are being forced to put their money to somewhere other than where they most wanted to put it, which is the market order. All those who attempt to explain taxation as beneficial fail to take the coercive nature of taxation into account.
Good Government
Thoreau said:
I heartily accept the motto, — “That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe, — “That government is best which governs not at all.”
Good government is no government, so no government is justified by the constitution.
Conclusion
It is now clear that the constitution puts itself below the sciences of economics and law. Whenever the constitution appears to conflict with the principles of economics and law, it acknowledges that economics and law overrule wherever the constitution may appear to err.
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Luke
September 12, 2011 @ 4:53 pm
Good Governance is one of those bastard legal terms which allows a state to interfere whenever they happen to see a problem whether real or imaginary.
Note in the definition below it only needs to "promote" it doesn't need to actually deliver
http://www.cisdl.org/pdf/sdl/SDL_Good_Governance….
In general, good governance is perceived as a normative principle of administrative law, which obliges the State to perform its functions in a manner that promotes the values of efficiency, noncorruptibility, and responsiveness to civil society